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Volume IV,  Number 4              February 22 - 28, 2004            Quezon City, Philippines


 





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Gov’t Asked To Follow High Court Ruling on Mining
Environment watch, alliance demand rehabilitation, compensation

An environment watch says that the decision of the DENR to appeal the Supreme Court ruling against the Mining Act exposes the national government’s real position on the issue—that is, on the side of big foreign mining corporations at the expense of the Filipino people.

By Northern Dispatch
Posted by Bulatlat.com

A worker hauls rocks in a mine tunnel in Cordillera, site of large mining operations

Photo courtesy of Save the Abra River Movement

BAGUIO CITY (Northern Dispatch) - Environmental group Kalikasan-People’s Network for the Environment (Kalikasan-PNE) and the Cordillera Peoples Alliance (CPA) last week expressed shock upon learning that Mines and Geosciences Bureau of the Department of Environment and Natural Resources (MGB-DENR) plans to appeal the Supreme Court (SC) decision declaring as unconstitutional major provisions of the Philippine Mining Act of 1995  (RA 7942).

After the highest judicial body of the land has spoken, the DENR should just act accordingly, the groups said.  

In a report released by the MGB on its website on Jan. 29, MGB Director Horacio Ramos, explained that the SC decision will have a negative impact on the revitalization of the minerals industry in the country specifically on investment projects being funded by foreign investors. Ramos particularly cited the Palawan Nickel Processing Plant, Rapu-Rapu Polymetallic Project and the Masbate Gold Project as recipients of the blow if such happens.

Ramos further stressed: “The decision of the Supreme Court sends a  negative signal to the international investment community that may further drag down the competitiveness of the country’s minerals industry.”

But according to Kalikasan, “The true mandate of the DENR as a government agency is to make sure that the Philippine environment is properly managed, wisely utilized and protected including its mineral resources for the welfare of the present and future generations of Filipinos. They should not act as the mouthpiece of the transnational mining companies in the country.”

Citing the case of Placerdome-Marcopper, Kalikasan explained that the only beneficiaries in the operations of big foreign mining corporations are the  corporations themselves. Millions if not billions of profits are reaped while the people are left to endure the accidents and degradation of the environment brought about by the mining operations.

Rehabilitation and compensation demands

In a separate statement, CPA challenged the DENR to implement the rule of law by respecting the decision of the highest court in the Philippines and act favorably on the longstanding demands on rehabilitation and compensation of damages of mining disasters like the pollution in Abra and Agno River, the sinking of land in Mankayan, among others.

“President Arroyo and the DENR should immediately revoke and cancel all approved and pending FTAAs (Financial and Technical Assistance Agreement). They should review and cancel all approved and pending MPSAs (Mineral Production Sharing Agreement) and EXPAs (Exploration Permit Application) in the context of seriously respecting indigenous peoples’ rights and welfare, environmental protection and genuine development,” CPA reiterated.

CPA also challenged the DENR and big mining corporations to cease their empty rhetoric in responsible and sustainable mining.

Kalikasan believes that the decision of the DENR to appeal the SC decision is a clear manifestation of the national government’s position on the issue—that is, on the side of big foreign mining corporations at the expense of the Filipino people. Noel Godinez / Nordis (Posted by Bulatlat.com)

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